Team Kimberlin lose their LOLsuits because they don’t understand how to properly allege the elements the various torts they claim to have suffered, nor do they understand the standards of proof required. That’s been evident from Day One. Although The
Dread Deadbeat Pro-Se Kimberlin had a couple of success with his first peace order petitions in the District Courts were pro se petitioners are cut some slack, he’s failed every time once the cases get to the Circuit Courts were the rules of evidence are more rigorously enforced. Four years ago today, I wrote this post called In Re Kimberlin v. Walker, et al. as part of the prelude to the upcoming trial.
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According to the docket posted on the Maryland Judiciary website, the trial judge for the Kimberlin v. Walker, et al. nuisance lawsuit will be Hon. Eric M. Johnson. The Dread Pro-Se Kimberlin has appeared before Judge Johnson in a case styled Kimberlin v. Walker before, the first peace order case that TDPK brought back in 2012.
THE COURT: I’m not suggesting that they do, but the law cannot prohibit all annoying conduct. We’ve reached a point in this society where people think they have a right not to be offended. Where did that come from? You read about it everyday in the paper. Somebody is offended by something and wants somebody to apologize. Where did that come from? Where is the right not to be offended?
You say that things have been written about you that are not right. It is a dangerous, dangerous argument to make that a sanction should be entered against people when they choose to exercise their First Amendment constitutional rights just because it’s annoying.
Now let me say, parenthetically, there are civil remedies available if someone defames someone, however, truth is a defense.
So if a person says somebody has a record and, in fact, they do have a record, you’ll have a hard time getting a judgment in a libel or slander case.
That’s from the transcript of the de novo appeal trial of first peace order TDPK sought.
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BTW, Judge Johnson isn’t the same Eric Johnson that Bill Schmalfeldt has wasted his time suing. As the Gentle Reader who has been following The Saga of Team Kimberlin likely remembers, Judge Johnson didn’t require the defendants in Kimberlin v. Walker, et al. case to put on a defense of truth because TDPK failed to put evidence of any false statements before the jury. Without that element of the tort to consider, there was nothing for the jurors to do. The judge granted judgment in our favor and sent the jurors home.
Everything proceeded better than I had foreseen.